CL - Conspiracy Flashcards
Conspiracy
sec 310(1) CA 61, 7 years
Conspiracy ingredients
- Conspires
- With any person
- To commit an offence
- Conspires
MULCAHY v R The conspiratorial agreement The actus reus The mens rea R v SANDERS
- With any person
Between 2 or more persons
Sec 67 CA 61
R v WHITE
Person
- Commit an offence
Offence
CHURCHILL v WALTON
MULCAHY v R
A conspiracy consists not merely in the intention of two or more,
but in the agreement or two or more
to do an unlawful act or
to do a lawful act by unlawful means
The conspiratorial agreement
The conspiratorial agreement requires the operation of both the physical and mental faculties.
The actus reus
The actus reus (physical element) of conspiracy
is the agreement between two or more people
to put their common design into effect
The mens rea
The mens rea (mental intent) necessary for a conspiracy is:
- an intention of those involved to agree, and
- an intention that the relevant course of conduct should be pursued by those party to the agreement
R v SANDERS
A conspiracy does not end with the making of the agreement.
The CA continues in operation and therefore in existence
until it is ended by completion of its performance
or abandonment or in any other manner by which agreements are discharged.
Between 2 or more persons
A person cannot conspire alone; there must be another conspirator for an offence to be committed.
Sec 67 CA 61
A husband and wife or civil union partners can commit conspiracy.
R v WHITE
The conspiracy may be by a person who could not commit the crime
and where you can prove that a suspect conspired with other parties whose identities are unknown,
that suspect can still be convicted
even if the identity of the other parties is never established and remains unknown.
Person
Gender neutral. Proven circumstantially or by judicial notice.
Offence
Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.
